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UNITED STATES v. ROBERTS

Nos. 76-1835, 76-1836.

583 F.2d 1173 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Edwin Lee ROBERTS and Joseph Freeman, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

Decided October 11, 1978.

Attorney(s) appearing for the Case

Joseph F. Dolan, U. S. Atty., Denver, Colo. (Rod W. Snow, Asst. U. S. Atty., Denver, Colo., on the briefs), for plaintiff-appellee.

Frederick A. Fielder, Denver, Colo., for defendant-appellant Edwin Lee Roberts.

Neil Ayervais, Denver, Colo. (with Arthur M. Schwartz, P. C., Denver, Colo., on the brief), for defendant-appellant Joseph Freeman.

Before McWILLIAMS, BARRETT and McKAY, Circuit Judges.

McKAY, Circuit Judge.

Defendants appeal their convictions of importing heroin and conspiring to import heroin in violation of 21 U.S.C. §§ 952(a), 962(a), 963 (1970). Defendant Freeman claims his Sixth Amendment right of confrontation was violated by the introduction of inculpatory statements against him which codefendant Roberts had made. He also claims the trial court erred in refusing to grant a mistrial motion following allegedly prejudicial closing...

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